Gallwey

This is an appeal from a judgment in favor of plaintiff for services rendered by his assignor as a broker upon the exchange of certain real property. Plaintiff had judgment below, and defendant appeals.

[1] It is first claimed that the evidence is insufficient to support the findings and judgment.

We see no merit in this contention. _ It appears from the evidence that defendant delivered to J. W. Wright & Co., á corporation, engaged in the real estate business, a written proposal for the exchange of certain real property controlled by him for certain other property owned by one Dawson Company. The properties were of different value and were both subject to encumbrances. By the terms of defendant’s proposal he agreed to pay as an additional consideration for said exchange the sum of ten thousand dollars. This sum was to be partly made up from amounts due defendant upon certain warrants for fire insurance by,reason of a fire loss on the property he sought to exchange. The evidence further shows that the Dawson Company was procured by Wright & Co. and that it accepted defendant’s offer, and that the respective parties thereafter ordered the titles' examined, and caused to be…